Reversal of Quit Claim

**rutgers** · 07-11-2007, 04:43 PM

My fiance and I own a home together in NJ. For personal reasons he is going to quitclaim the house to me, to remove his name from the deed. When these other issues are cleared up, can I reverse the quitclaim and put his name back on the deed.

jk · 07-11-2007, 04:55 PM

No, you cannot simply "undo" a deed. It is what it is. Once it is written, it cannot be changed without court intervention.

BUT what you can do is have him QC it to you and then you would simply QC it back to him.

Not knowing what you are doing or why, just a bit of info.

If he is transferring the deed to avoid a lein or other financial obligations....won't work. That is called a fraudulent transfer and a court can "undo" the transfer and lay claim to it.

There are costs associated with transferring a property that you (or he) would be lieble for upon each transfer.

**rutgers** · 07-11-2007, 05:26 PM

If I quit claimed it back to him, wouldn't that mean that I would no longer be the owner of the property? Right now we are both on the property and woulod like in the future for it to remain that way. He is NOT being sued now and we hope not in future, but let's say (and this is not the case) he was driving without insurance. He gets into an accident and the other party sues him, I don't want someone coming after the home we both share.

jk · 07-11-2007, 08:23 PM

the that would be a fraudulent transfer and any attorney would discover that and ask the court to reverse the sale so the property is accessible to them (if appropriate).

very simply. who ever owns the property would deed it to whoever they want to own the property.

in your case, you could either have him qc deed his rights to you or you could both deed it to just you.

When you want to go back to both of you as owners, you would QC deed it to him AND you.

**aaron** · 07-12-2007, 05:37 AM

Fraudulant conveyances can cost the person making the transfer their exemptions in the property, and may even allow the judgment creditor to go after the transferee's interest, so it's nothing to play around with.